### TEE,~?~?OIRNEY GENERAL OFTEXAS AUSTIN 11. TEXAS+ WILL WILSON A’LTOLRNEY GSNE2HAL August 14, 

### 1957

HonorableHenry Wade OpinionNo, WW-220, CrfminalDistrict Attorney Records Building Re: Authority of CommissionDallas County ers' Court to pay Clerk Dallas, Texas of the Court of Civil Appeals for servfcesas Custodian of the Court-

. room9 Judge's Chambers and Library of the Court Dear Mr. Wade: of CSvilAppeals,

Your OpinionRequest of July 2qp 

### 1957,presents the following question2

"Do the statutespermit the Commfssfoners Court to appropriate, out of the County"s General Fund, an amount not exceeding $5'OQO0 per month to the Clerk of the Court of CivilAppeals as additional compensationfor his services as Custodian of the Court Room, Judges Chambers and Library of such Court of CfviP Appeais?" provides:Artfcle 1056a,Vernon"s Code of Criminal Procedure,

"That the Commissionerscourt of any county, having a population of 210,000 ormore, in which is located a Court of CivilAppealshaving its quarters in the County CourtHouse, is authorized to pay out of its General Fund, not exceeding fifty dollars per month, to the Bailiff of such Court of CivilAppeals, or other employee of safd Court designatedby It, as additional csmpensation for his services as Custodian of ,the Court Room, Judges Chambers and Library of such Court of CivilAppeals," Moore v. Sheppard, 144 Tex, 

### 537B192 S0W,2d 

### 559 (1946)states at page 560:

"The Clerks of the Courts of CivilAppeals are not entitled to receive extra compensationHonorable Henry Wade, page 2 (~~-220)

for servfcesperformedwithin the scope of their official duties prescribed by law. 0
. 011 Article 1832,Vernon's Civil Statutes, dealingwith the Clerk of the Court of CivilAppeals, provides:

"Each clerk shall be lfbrarfan fn charge of the library of his court, and shall take charge of, keep in good order and make catalogs of the books theresf,lr By Article 

### 1832,VernOnus Cfvil Statutes, the Clerk of the Court of CivilAppeals is chargedwith custodialduties in the Lfbrary of the Court of CivilAppeals, The Clerkmay not receive any extra csmpensatPsn for the performance 6f these dutieswith whfch he Is charged.

Since the performance by the Clerk of the Court of Cfvfl Appeals of the duties of Custodian of the Courtroomand of the Judge's Chamberswould not be incompatiblewith the performance of the Clerk's regular duties the Commissioners Court is authorized to pay the sum of hjQOOO per month to the Clerk of the Court of Cfvi~P Appeals for the performance of this additionalwork, provided, of course, that the Court of Civil Appeals, pursuant to Article nCj8a,has designated the Clerk as the one to receive this additional compensation,

Senate Bi14 No, 58, Acts 55th Legislature,Regular Session, 1957, ch. 4, p0 

### 5aprovides:

"Section I0 The salaries of all state offfcers and all state emplsyees, except the salaries of the District Judges and other compensationof District Judges, shall be for the period beginning September 1, 1957 and endingAugust 31, 1959 in such sums or amounts as may be provided for by the Legislature in the general appropriationsAct, It is specificallydeclared to be one of the fntents hereof that the Legislature shall also fix the amount of supplemental salarieshereafter, out of court fees and receipts, ,tsbe paid .tsthe clerks and other employees of the Courts of Civil Appeals, the Supreme Court and the C0ur.t of CriminalAppeals, "Sec. 2, All laws and parts of laws fixing the salaries of a%P state officersand employees, except the salaries of the Dis,trict Judges and other compensation of District Judges, are herebyc -

Honorable Henry Wade, page 3 (ww-220)

specifically suspended insofar as they are in conflictwith thisAct. It is specifically declared to be one of the Intentshereof that any and all laws authorizing payment of supplemental salaries from court receipts and fees to clerks and other employees of the Courts of CivilAppeals, the Supreme Court,and the Court of CriminalAppeals, are suspended f,nssfar as they are in conflictwith thisAct, This Act is the same as one thathas been passed for a number of years, Additional compensation from the Csmmfssioners~Court is not included as "salarfesvv under this Act, SUIWARY

The Commissioners'Court is authorized to pay the sum of $50.00 per month to the Clerk of the Court of CivilAppeals for the performance by the Clerk of the duties of custodian of the Courtroomand Judge's Chambers of the Court of CivilAppeals. Very trulyyours, WILL WILSON Attorney General of Texas

JRL:jlrwb APPROVED: OPINION COMMITTEE H. Grady Chandler, Chairman C. K, Richards F. C. (Jack)Goodman John R. Lennan Assistant

REVIEWED FOR THE ATTORNEY GENERAL BY: Geo. P, Blackburn

.